Minutes of Meeting
July 12, 2007
Present: P. Boncek, A. Tolland, M. Cohen, J. Fournier, P. Murphy, C. Botchis
J. Senterman, Associate Member, R. Vacca, Conservation Agent
Absent: R. Willis, M. Allen, Associate Member
There was a motion to accept the minutes of the June 21st meeting with one correction. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Richard Vacca, Conservation Agent, submitted a letter to announce his resignation from the Town of Franklin as of Friday, July 13th.
Mr. Richard Vacca’s Agents Report has been appended to the minutes.
Enforcement – Bent Street Water Line – Town of Franklin DPW
Mr. Brutus Cantoreggi, DPW Director, Mr. Bill Yadisernia, Town Engineer, and Ms. Denise Zambrowksi of the DPW, all appeared before the Commission on an Enforcement matter regarding the Bent Street Water Line project.
The Commission Chairman stated that there was some documentation from the DPW that was not provided to the Conservation Dept. regarding this project. The Chairman stated that the Conservation Agent has informed him that the project is in compliance now and all of the required documents have been submitted to the Conservation Office. There are no issues to
discuss and the Enforcement Order can now be removed. The Conservation Agent informed the Chairman that the Commission had never ratified the Enforcement Order so technically the Commission could take the position now of voting not to ratify it and find that the DPW is currently in compliance with the Orders of Conditions. Mr. Vacca also recommended that the DPW continue working on the project in accordance with these Orders of Conditions. Mr. Vacca informed the Commission that all of the necessary reports from the DPW have been submitted to the Conservation Department.
There was a motion not to ratify the Enforcement Order. The motion was seconded and accepted with a vote of 6-0-0.
Enforcement – 3 Mount Street – McCormick
The Conservation Chairman opened the public hearing and inquired of the Conservation Agent if the applicant had contacted the Conservation Department to address the letter dated June 20th regarding the unauthorized vegetation clearing within Conservation jurisdiction.
The applicant did not appear at tonight’s meeting but the green abutter notification card showing proof of receipt of the certified mailing was returned to the Conservation Department.
There was a discussion regarding issuing an Enforcement Order and a Violation Notice starting fines as of the date that Mr. Vacca first observed the activity at the site, which was June 19th, and extend it through today.
There was a motion to issue the above-mentioned Violation Notice and Enforcement Order. The motion was seconded and accepted with a vote of 6-0-0.
Continued – Public Hearing – Notice of Intent – 16 Vine Street – Torizzo – CE159-939
Mr. Bill Halsing, Engineer of Land Planning, and Ms. Trish Torizzo, the applicant, both appeared before the Commission for the construction of additions, porch and fence at Ms. Torizzo’s home. Mr. Halsing submitted revised plans of the site for the Commission’s review and informed the Commission that they are seeking approval to remove 8 trees.
Mr. Halsing also stated that for remediation it was recommended by the arborist that trees and shrubs be planted in the area where the trees were removed in the upland border adjacent to Dix Brook. Mr. Halsing stated that the applicant would like to plant hemlock in that area with minimal disturbance. Some cranberry bushes were also suggested by the arborist for plantings.
The Chairman stated that this revised plan shows an improvement over the original plan. Another Commission member stated that he does not look favorably on the planting of eastern hemlock as it is being ravaged right now by insects and would suggest to embark on a perpetual schedule of pesticides for the hemlock. This Commissioner stated that he is not satisfied with the choice of plantings but agrees with the project as a whole as presented with this new plan. He also suggested a discussion among Commission members regarding what plantings would be
a good choice for this site as well as special conditions to impose and the Chairman suggested reviewing the Best Practices Handbook in order to choose these plantings that would be the best choice for this site.
The Commission expressed satisfaction with this new revised plan being submitted at tonight’s meeting with the exception of the proposed hemlock tree being proposed as a planting. A Commission member suggested that a special condition be included in the Orders of Conditions requiring a perpetual condition that only organic materials and no lawn chemicals are allowed to be used. Permanent bounds were also discussed for a special condition to be placed directly outside of the garage; 3 bounds to be placed around the perimeter of the driveway.
There was a motion to open and continue the public hearing for Eaton Place scheduled for 8:00 p.m. until the conclusion of this public hearing. The motion was seconded and accepted with a vote of 6-0-0.
The Commission requested that the plans be revised to remove the hemlock tree depicted to be planted on the site.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
Continued – Public Hearing – Notice of Intent – Eaton Place – Off Panther Way – Community Builders – CE159-942
Mr. Andy Tolland, Conservation Commission member, stated that one of his siblings is in receipt of a green card as she is an abutter to the project and recused himself from the public hearing.
The Commission Chairman stated that this is a 40B project and the hearing is held under the State Wetlands Protection Act only.
Mr. Eric Bazzett, Engineer of Beals & Thomas, appeared before the Commission for the construction of a 50-unit senior housing building off Panther Way.
Mr. Bazzett informed the Commission that at the last meeting, Mr. Vacca had requested that some additional items be submitted and this information was submitted to the Conservation Department. Mr. Bazzett also stated that a site walk was conducted by the Commission and there was a request to install a 7-8 ft. fence along the section of guardrail on the site and this will be provided by the applicant. The drainage calculations have also been reviewed by Vine Associates as part of the ZBA review process and are in compliance with the stormwater management regulations.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Continued – Public Hearing – Request for Determination – 120 Grove Street – Beaulieu
Mr. Rick Goodreau, Engineer of United Consultants, and Mr. Richard Beaulieu, the applicant, both appeared before the Commission for the installation of a 12” drainage overflow pipe.
Mr. Goodreau submitted revised plans for the Commission’s review which included Mr. Vacca’s comments from the last meeting depicting the addition of square footage of work in the resource area as well as a change to the note that the resource area would be affected. Also, the requirement that the Town Engineer have an opportunity to review and comment on the drainage for the site. Mr. Goodreau informed the Commission that he has review comments from the Town Engineer as well as Vine Associates as part of the Planning Board process.
Mr. Goodreau also stated that the total impact to the resource area will be 610 sq. ft. of disturbance along Grove Street.
Mr. Vacca stated that he had no additional comments for Mr. Goodreau to address.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to issue a Negative Determination contingent on the submission of a revised plan. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Extension Permit: South Hill Estates – SE159-852
The applicant has requested a one-year extension to the Orders of Conditions as the applicant has not been able to complete the work in the subdivision.
There was a motion to extend the Orders of Conditions for South Hill Estates for one year. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 186 Peck Street
The applicant has requested the installation of an 18 ft. diameter above-ground swimming pool in the rear yard. Mr. Vacca informed the Commission that the proposed work would be conducted on previously disturbed area.
There was a motion to issue a Negative Determination with 3 standard above-ground pool conditions. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 2 Cherie Lane
The applicant has requested the demolition of an existing garage and construction of new 24’x24’ garage with frost wall and farmers porch on footings. The work will take place on previously disturbed area. The foundation will not be in Conservation jurisdiction. The work will result in 6 sq. ft. of buffer zone impact. Mr. Vacca stated that erosion control will be put in place.
There was a motion to issue a Negative Determination with 2 special conditions. The motion was seconded and accepted with a vote of 6-0-0.
Signed Extension Permit & Determinations of Applicability
Extension Permit – South Hill Estates – Mark Staniscia/Ed Pericolo – SE159-852
Determination of Applicability (Negative) – 2 Cherie Lane - Sawyer
Determination of Applicability (Negative) – 120 Grove Street – Mel-Dina Realty Trust
Determination of Applicability (Negative) – 186 Peck Street - McLaughlin
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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